Terms of Service

1. Acceptance of these terms

By accessing or using Kept, or by claiming an invitation sent to you, you agree to these Terms of Service and to the Privacy Policy, which is part of them. If you do not agree, do not use the service.

2. Eligibility

You must be eighteen years of age or older to hold a Kept account. By creating or claiming an account, you represent that you meet this requirement.

3. Accounts

Kept uses passwordless sign-in: access to your account runs through the email address you register. You are responsible for the security of that email account and for all activity that occurs through your Kept account. Notify Kept promptly at hello@kept.family if you believe your account has been accessed without authorization.

4. Your content and license

You own the content you create and upload to Kept. So that Kept can provide the service, you grant Kept a worldwide, non-exclusive, royalty-free license, including the right to sublicense to the service providers Kept uses, to host, store, reproduce, process, transmit, and display your content, solely to operate, secure, and improve the service. This license ends when you delete the content or your account, except that content may persist in routine backup cycles until those backups expire, and Kept may retain content where required by law.

5. Kept’s property

The Kept service, including its software, design, and brand, belongs to Kept and is protected by intellectual property laws. These terms grant you no rights in the service other than the right to use it as provided, and no license to Kept’s software, design, or brand.

6. Acceptable use

You may use Kept only for lawful, personal, and family purposes. You agree not to:

Kept may remove content or suspend accounts that violate these terms.

7. Membership and payment

Kept offers a free tier. Kept may also offer paid memberships that include additional features; prices, billing periods, and renewal terms are disclosed before purchase. Paid memberships renew automatically at the end of each billing period until canceled. You may cancel at any time, and cancellation takes effect at the end of the current billing period, with access continuing until then. Fees are non-refundable except where the law requires otherwise. Kept may change prices with advance notice, and a price change applies no earlier than your next renewal.

8. Termination

You may stop using Kept at any time. Kept may suspend or terminate accounts that violate these terms, and may discontinue or modify the service with reasonable notice. When an account is deleted, the deletion lifecycle described in the Privacy Policy applies. Sections of these terms that by their nature should survive termination, including sections 4, 9, 10, 11, and 12, survive it.

9. Disclaimers

The service is provided AS IS and AS AVAILABLE. To the fullest extent permitted by law, Kept disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Kept does not warrant that the service will be uninterrupted, error-free, or free of loss of data.

10. Limitation of liability

To the fullest extent permitted by law, Kept will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to the service or these terms. To the fullest extent permitted by law, Kept’s total liability for all claims arising out of or relating to the service or these terms is capped at the greater of one hundred dollars or the fees you paid Kept in the twelve months before the claim arose.

11. Indemnification

You agree to indemnify and hold Kept harmless from claims, damages, and expenses, including reasonable attorneys’ fees, arising from your content or your violation of these terms.

12. Dispute resolution

Any dispute arising out of or relating to these terms or the service will be resolved by binding arbitration on an individual basis under the Consumer Arbitration Rules of the American Arbitration Association, rather than in court, except that either party may bring an individual claim in small claims court. You and Kept each waive the right to a jury trial and the right to participate in a class action or other representative proceeding. The arbitrator may award the same individual relief a court could award. You may opt out of this arbitration agreement by sending written notice to hello@kept.family within thirty days of first accepting these terms; opting out does not affect any other part of these terms.

13. Changes to these terms

Kept may update these terms. Material changes will be announced by email or in the app before they take effect. Continued use of the service after a change takes effect is acceptance of the updated terms.

14. General

If any provision of these terms is found unenforceable, the rest remain in effect. These terms, together with the Privacy Policy, are the entire agreement between you and Kept regarding the service. A failure to enforce any provision is not a waiver of it. You may not assign these terms without Kept’s consent; Kept may assign them, including in connection with a merger, acquisition, reorganization, or sale of assets. Kept has not yet incorporated; when it does, these terms will state the corporate counterparty and the governing law.

15. Contact

Questions about these terms: hello@kept.family.